Epic, Apple argue over lack of discovery in ‘Fortnite’ pretrial period

A jointly-produced filing between Apple and Epic in its ongoing “Fortnite” courtroom saga reveals issues with discovery on both sides ahead of a case management conference, with each claiming the other isn’t providing the required documentation.

In the Joint Case Management Statement filed on Monday, in advance of the case management conference scheduled for October 19, Epic and Apple both have issues with how the other company is handling the discovery portion of the lawsuits. Each company accuses the other of being uncooperative in different ways.

In Epic’s portion of the statement, it accuses Apple of failing to provide all of the documentation it needs, namely that Apple’s list of custodians that documents are supplied about does not include two prominent figures in Apple’s history. Of the six people listed, Epic spotted that none of them are co-founder and late CEO Steve Jobs and current CEO Tim Cook.

Furthermore, Epic also claims Apple “repeatedly relied” on the two men during the two previous motion hearings. However, Apple countered by saying it didn’t rely on them, rather that it mentioned the two twice, referencing Tim Cook’s statement to the US House of Representatives Judiciary Committee and “an AppleInsider article quoting Steve Jobs.”

Apple also claims it has already provided Epic “with the 3.6 million documents” produced by Apple in its developer class action and consumer class action suits. Epic believes these documents should have been provided sooner.

On Epic’s side, it has already made “an initial production of more than 16,000 pages form the files of Timothy Sweeney,” the CEO of Epic. Apple counters by claiming Epic may have “cherry-picked” the documents that may “omit a significant amount of relevant materials.”

Apple also claims Epic received a third-party discovery request before it formed its lawsuit

Legal Aid threatens to sue city over lack of internet access for homeless students


A cart is used to hold and organize school-owned laptops to be distributed to students at a Manhattan elementary school in March. | Getty Images

A cart is used to hold and organize laptops to be distributed to students at a Manhattan elementary school in March. | Michael Loccisano/Getty Images

The Legal Aid Society is threatening to sue the de Blasio administration for failing to provide internet access to homeless children in shelters, effectively blocking their ability to participate in remote learning during Covid-19.

Legal Aid and the law firm Milbank, representing the Coalition for the Homeless, sent a demand letter on Thursday to schools Chancellor Richard Carranza and Department of Homeless Services Administrator Joslyn Carter, calling on the city to remedy internet access problems at the Flatlands Family Residence in Brooklyn and other DHS facilities with school-age children.

Advertisement

“In light of the COVID-19 pandemic, internet access is not a luxury; it is a basic prerequisite to entering the ‘virtual classroom’ that has been necessitated by the virus,” the letter, shared with POLITICO, said. “By neglecting to ensure that homeless children can connect to the internet, the City is in violation of its constitutional obligation to provide a ‘sound basic education.’”

The de Blasio administration partnered with Apple earlier this year to provide iPads to students in shelters and contracted with T-Mobile to provide cellular data on those devices. But these efforts “soon proved to be of little or no use to many children,” the letter said, because shelters like the Flatlands facility lack reliable cell service in the building.

For Crystal Boyd, a resident of the Flatlands shelter who has two teenage children, the issue has been “very frustrating.”

Her son, 15, is in high school, while her daughter, 18, is attending college remotely.

Her daughter had to finish a paper due at midnight on a recent night sitting outside the building because of connectivity issues inside, and her son has had to

Website on Covid-19 skin rashes criticised for lack of BAME examples

A website dedicated to publishing pictures of and identifying Covid-19-related skin rashes has been criticised for sharing just two BAME examples.

The British Association of Dermatologists’ Covid-19 Skin Patterns website features around 400 images of Covid-19 associated rashes, but the collection features very few pictures of people with darker skin tones.

It shares images of rashes which were gathered by the Covid Symptom Study app in response to growing evidence that they are a side effect of the disease.


The list ranges from prickly heat and chickenpox-type rashes to raised itchy hives and chilblain-like “Covid fingers and toes.”

Evidence from the app showed the rashes were present in around 9 per cent of app users who had tested positive for Covid-19. Meanwhile, a sixth of children experienced a rash and no other symptoms.

Cosmetic doctor and founder of Adonia Medical clinic, Dr Ifeoma Ejikeme, told the Standard the lack of BAME examples being used in the medical sector is a “huge problem”.

She said: “This is a huge problem in our medical sector, this even occurs in medical literature as there is often a lack of representation especially in regards to black skin.

“I was disappointed when I saw the lack of black or brown skin but I was not surprised.”

Ore Odubiyi, the director of BME Medics, told the Guardian: “When we consider that certain BAME communities in the UK are disproportionately impacted by Covid-19, it is crucial that visual resources which show how Covid-related skin changes may appear in darker skin tones are made readily available at a similar standard seen in resources exemplifying signs of disease in fairer skin tones.”

A spokesman for the British Association of Dermatologists’ site

Covid-19 skin rash website criticised for lack of BAME examples

A website dedicated to sharing images of Covid-19 related skin rashes to help doctors and patients identify whether an unusual rash might be a sign of coronavirus infection has been criticised for containing just two images of black or brown skin.

The British Association of Dermatologists’ (BAD) Covid-19 Skin Patterns website features 400 images of Covid-associated rashes, from prickly heat and chickenpox-type rashes, to raised itchy hives, and chilblain-like ‘Covid fingers and toes’. They were gathered by the Covid Symptom Study app in response to growing evidence that skin rashes are a key feature of the disease, present in around 9% of app users testing positive for Covid-19. In children they may be even more predictive, with a sixth of children experiencing a rash and no other symptoms.

Related: Rashes, headaches, tingling: the less common coronavirus symptoms that patients have

“Being able to recognise these is crucial for reducing the spread of [Covid-19],” said president of BAD, Dr Tanya Bleiker.

Yet, the lack of images showing how Covid rashes manifest on people of darker skin tones may mean healthcare professionals are less equipped to diagnose potential cases, says Ore Odubiyi, director of BME Medics, a platform committed to improving diversity and inclusion in healthcare.

“When we consider that certain BAME communities in the UK are disproportionately impacted by Covid-19, it is crucial that visual resources which show how Covid-related skin changes may appear in darker skin tones are made readily available at a similar standard seen in resources exemplifying signs of disease in fairer skin tones.”

Around 3,000 images of suspected Covid rashes were uploaded via the app, but although the survey specifically requested images from BAME groups, only 173 were received: “This may be explained, in part, by cultural factors but also because rashes are less visible on darker